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NOTES: Notification by interstate legal practitioner becoming authorised to
withdraw from local trust account
Section 2.4.34 Legal Profession Act 2004
Introduction
The Legal Profession Act 2004 entitles interstate legal practitioners to engage in legal practice in
Victoria to the same extent that they are entitled to practice in their home jurisdiction. Section 2.4.34
requires an interstate legal practitioner to notify the Board if the practitioner (whether alone or with a cosignatory) becomes authorised to withdraw money from a local trust account. The attached form is
provided to assist interstate legal practitioners to comply with the notification requirement of section
2.4.34.
Contribution to Fidelity Fund
Section 6.7.27 of the Act provides that an interstate legal practitioner who (whether alone or with a
co-signatory) becomes authorised to withdraw money from a local trust account, must pay a contribution
to the Fidelity Fund. Pursuant to Division 3 of Part 6.7 of the Act, the required contributions to the fidelity
fund are as follows:
Category
Contribution
amount
An interstate legal practitioner who is authorised to withdraw money from a
$476
local trust account that received trust money in Victoria, exceeding $500,000 in
total during the year ending 31 October 2014
An interstate legal practitioner who is authorised to withdraw money from a
$238
local trust account that received trust money in Victoria, not exceeding $500,000
in total during the year ending on 31 October 2014
An interstate legal practitioner who has established an office in Victoria and has
Nil
not received trust money in Victoria during the year ending 31 October 2014 or
who is not authorised to withdraw money from a local trust account
Additional conditions on practice of interstate legal practitioners
The Board may by written notice impose any condition on the practice of an interstate legal
practitioner practising in Victoria that it may impose under the Act on a local practising certificate.
Supervised legal practice (section 2.4.35)
An interstate legal practitioner must not engage in unsupervised legal practice in Victoria until they have
completed the following period or periods of supervised legal practice after the day the practitioner’s first
practising certificate was granted:
•
•
18 months - where practical legal training was completed under the supervision of an Australian
Legal Practitioner through articles of clerkship or otherwise to qualify for admission; or
2 years – where other practical legal training was completed to qualify for admission.
The supervised legal practice requirement does not apply interstate legal practitioners who engage in
legal practice in Victoria solely as barristers nor to interstate legal practitioners who are exempt from the
supervised legal practice requirement in the practitioner’s home jurisdiction.
‘Supervised legal practice’ means legal practice by an Australian legal practitioner:
•
•
•
as an employee of a law practice, under the supervision of a partner, legal practitioner director, or
other employee of the law practice who holds a principal practising certificate;
as a partner of a law firm, under the supervision of another partner who holds a principal practising
certificate; and
in any other capacity approved under the Act, or under a legal profession rule including rule 3.1 of
the Supervised Legal Practice Rules 2006.
Enquiries with other Jurisdictions
The Board may make enquiries of and exchange information with a corresponding authority in your State
regarding your activities in engaging in legal practice in that place or otherwise regarding matters relevant
to the notice.
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Notification by interstate legal practitioner becoming authorised to withdraw
from local trust account
Section 2.4.34 Legal Profession Act 2004
Practitioner Details
Title (Ms, Mr, Dr etc.):
Surname:
First Name:
Middle initials:
Date of birth:
Jurisdiction of practising certificate:
Date and jurisdiction of Admission to legal
profession:
Date on which you became authorised to withdraw
money from the local trust account:
I engage in legal practice as

Partner/Director

Sole practitioner
Principal Business Name and Address
Name:
Building, Level:
Street:
Suburb/Town:
State:
Postcode:
Principal business name of law practice operating the account and address
Name:
Building, Level:
Street:
Suburb/Town:
State:
Postcode:
Details of the authorised deposit-taking institution where account is held
Name:
Branch:
Address:
Names of account signatories
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The following MUST be enclosed with this application


Fidelity Fund contribution
Certified copy of current practising certificate
Privacy
The Victorian Legal Services Board complies with the privacy principles set out in the Privacy and Data
Protection Act 2014. All personal information you provide will be handled in accordance with these
principles. The collection of the information on this form is required by the Legal Profession Act 2004.
Information held by the Board may be disclosed to various organisations, including the Victorian Civil
and Administrative Tribunal, the Law Institute of Victoria Ltd, Victorian Bar Inc., Victoria Police and
corresponding interstate authorities in order to carry out its duties under the Legal Profession Act 2004.
I confirm that the information in this notice is true and correct
Signature of interstate legal practitioner
Name (please print)
Date:
/
/
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